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Author Topic: My eviction experience... thus far  (Read 19303 times)

Offline Rich_in_CT

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Re: My eviction experience... thus far
« Reply #15 on: September 26, 2007, 11:37:55 am »
Lucky also fails to mention that beyond his infomercials he also spams people from this board.  (I've been spammed personally by him)

Offline kdhastedt

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Re: My eviction experience... thus far
« Reply #16 on: September 26, 2007, 01:10:47 pm »
...and I had to remove yet another "contact me"...

Keith
I have CDO...it's like OCD but in alphabetical order - the way it should be!

Offline propertymanager

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Re: My eviction experience... thus far
« Reply #17 on: September 26, 2007, 02:40:16 pm »
Personally, I think Lucky should be banned.  It doesn't take a brain the size of a pea to be able to follow the forum rules, especially after you've been warned several times! 

Mike
www.1MinuteToRentalPropertyRichs.com 
This No-Hype, No-Nonsense Book is a step by step course in making money and building wealth with rental properties!  Everything from buying properties at a discount to dealing with terrible tenants.  Now In Paperback!

Offline bovine

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Re: My eviction experience... thus far
« Reply #18 on: September 28, 2007, 11:59:58 am »
The posterior hurts a little today. I got screwed again. I guess I'll have to bite the bullet and get a lawyer. The section 8 blob had Legal Aid representation who got the judge to continue until October 29 for discovery. What's there to discover? I own the place. she never paid rent and I served her with proper notice. I see this as meaning that on that date they will come up with more B.S. and get another two weeks. The L.A. lady told me to not to have any contact with the tenant about when she is moving or money matters. I need to address her with those matters. I think a lawyer might serve me best.

One interesting note. When I started talking outside of the courtroom with the L.A. Attorney she mentioned that because the tenant was a CHA (section 8) client and I bought the house at a foreclosure auction" some other rules were in play". Quickly informed her that the house was never in foreclosure and I purchased it from the original owner. And in fact the CHA lease itself expired May 1 and was never renewed. Thus we were on a month to month tenacy and I gave her the required 30 day notice. This seemed to perplex her and the only she could say was 'well we will attempt to settle this matter at the next court date". Settle what? you dont pay rent... GET OUT!

Anybody know of rules governering Section 8 and foreclosures? May I have something here?

Offline propertymanager

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Re: My eviction experience... thus far
« Reply #19 on: September 28, 2007, 06:18:07 pm »
Bovine,

Yes, YOU NEED A LAWYER!  At the next hearing  they're going to claim that the property was uninhabitable and that YOU owe them for past rents and damages.  In addition, they will probably ask for a jury trial.  As everyone told you, you should have gotten a lawyer before things went this far.  A good lawyer can prevent this crap from happening.  This is starting to look like a self-inflicted wound!

Mike
www.1MinuteToRentalPropertyRichs.com 
This No-Hype, No-Nonsense Book is a step by step course in making money and building wealth with rental properties!  Everything from buying properties at a discount to dealing with terrible tenants.  Now In Paperback!

Offline bovine

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Re: My eviction experience... thus far
« Reply #20 on: September 29, 2007, 09:12:43 am »
 propertymanager-

She has already asked for a jury trial. She asked for that at the first hearing date. That's why it is taking so long. I still have the feeling that once I have my lawyer she will get her legal aid worker to delay it again come the 30th. I think even a good lawyer has to follow the court proceedures.

Does anybody here know when a house is considered "in foreclosure"? Is it right at the point the lender files lis pendens, or after the auction? This seems to be some kind of sticking point for legal aid.

Offline Frank Chin

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Re: My eviction experience... thus far
« Reply #21 on: September 29, 2007, 10:45:50 am »
Bovine:

Have to agree with Mike that you should've had an attorney from the beginning.

Had to do a full eviction once. When the tenant's mom who was paying his rent told me on Jan 1, New Years Day that the rent won't be paid, I got hold of my attorney on Jan 2, first thing in the morning, 9:00AM.

This guy was a friend of my wifes's, and worked legal aid out of college for tenants and his job was to drag things out for them, and a typical eviction of his for the tenant goes like this:

- First hearing (scheduled for 30 days) postponed, no excuse needed, rescheduled for 30 days.
- Rescheduled hearing - lawyer shows up with a doctor's note, tenant sick, rescheduled another 30 days.
- Third hearing - laywer show up, family emergency, begs for another postponement.
- In the meantime, they'll file for all types of violations.
- Hearing comes - tells the judge about all the violations.
- Eviction granted.
- Tenant stays past eviction - needs another 45 days for the marshalls to come.

He generally drags it out for a full 9 months, or more, in tenant friendly courts here. So far, you haven't seen nothing yet.


Offline bovine

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Re: My eviction experience... thus far
« Reply #22 on: September 29, 2007, 03:04:19 pm »
Thanks for the advise and I do know what needs to be done. Its just that I have had so much good fortune for the past 15 years representing myself with the legal system. Gotten out of dozens of tickets from my younger days. Successefully sued Alstate And Statefarm in tort trails and gotten paid off judgements from contractors who ripped off me mom and pop.

Frank Chin-
 I can see her trying all of those tricks. So how do you get them out quicker??????

Frank Chin- propertymanager-
Attorney from day one is great advice to all us virgins but then how would you procceed from there. If the tenant asks for a jury trial how can you speed it up? I think that in Ohio and NY defendants can request a trial by jury? And thats got to take a few weeks to schedule. Correct?

Offline propertymanager

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Re: My eviction experience... thus far
« Reply #23 on: September 29, 2007, 09:12:28 pm »
bovine,

Having a legal aid lawyer is like going to the free clinic when you have a brain tumor.  It is better than nothing, but you aren't going to find the sharpest lawyers there.  A good real estate lawyer representing you can make legal arguments for you and prevent a lot of this freebie lawyer nonsense from ever getting past the judge.  The freebie legal aid scumbag lawyer can succeed against ignorant landlords but not against a good real estate attorney.

Mike
www.1MinuteToRentalPropertyRichs.com 
This No-Hype, No-Nonsense Book is a step by step course in making money and building wealth with rental properties!  Everything from buying properties at a discount to dealing with terrible tenants.  Now In Paperback!

Offline zeekerette

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Re: My eviction experience... thus far
« Reply #24 on: October 01, 2007, 12:31:25 pm »
Thanks for the advise and I do know what needs to be done. Its just that I have had so much good fortune for the past 15 years representing myself with the legal system. Gotten out of dozens of tickets from my younger days. Successefully sued Alstate And Statefarm in tort trails and gotten paid off judgements from contractors who ripped off me mom and pop.

Frank Chin-
 I can see her trying all of those tricks. So how do you get them out quicker??????

Frank Chin- propertymanager-
Attorney from day one is great advice to all us virgins but then how would you procceed from there. If the tenant asks for a jury trial how can you speed it up? I think that in Ohio and NY defendants can request a trial by jury? And thats got to take a few weeks to schedule. Correct?


Bovine,

I think what everyone is trying to tell you is we don't have the knowledge to assist you.  We are real estate people.  When we get in trouble this deep, we go to a lawyer.  Therefore, we really can't provide much, if any, assistance, because at this point we would not be personally involved.  The lawyer would handle it at this point and we just stand there and nod our heads in agreement.


Offline motivatedceo

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Re: My eviction experience... thus far
« Reply #25 on: October 02, 2007, 08:51:58 am »
This sucks, sorry to hear about your situation. Be sure to slash the tires of that low life legal aid lawyer ---- just do not get caught.  LOL

Offline donaldshi

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Re: My eviction experience... thus far
« Reply #26 on: October 06, 2007, 05:56:44 pm »
make sure when you file the suit, you didn't choose "posting", means serve by certified mail,
if you choose certified mail, if they don't show up, case continues.

make sure you choose "personal serve", you need to have sheriff officer to serve the deadbeat,
then they have to show up, otherwise, you win by default.

Offline bovine

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Re: My eviction experience... thus far
« Reply #27 on: October 07, 2007, 08:56:20 am »
donaldshi-

The thing that hurts the most (besides losing $$$) is that I have done everything legally correct. Given the proper notice in the proper form, waited the allotted time before filing, filed and got the Sheriffs office to serve the summons. And what happens? She asks for a jury trial. Once she did that the case gets transfered to another court. One week later at the other court she is a no show but the judge wants to give her another chance. The next week her legal aid lawyer shows up and starts talking the legal mumbo-jumbo about Discovery. The judge then sets the case for 30 days later.

My biggest mistakes were not starting the process sooner and not having a lawyer to begin with. If I had a lawyer, MAYBE, after she did not show up, my attorney could have gotten an ex parte judgment right away. If I had a lawyer, MAYBE, he could have said something when her lawyer started talking the legal mumbo-jumbo about Discovery and gotten it done sooner. Do not accept sob stories, we've all got'em.

Offline donaldshi

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Re: My eviction experience... thus far
« Reply #28 on: October 07, 2007, 02:21:19 pm »
bovine,
I have to say, you live in a horrible place, where law favors tenants TOO MUCH!
As a landlord you didn't do anything wrong, if I were you , I will do the same thing.
That judge is an IDIOT!

I feel very sorry for you, please consider to work with an attorney to solve the problem.




donaldshi-

The thing that hurts the most (besides losing $$$) is that I have done everything legally correct. Given the proper notice in the proper form, waited the allotted time before filing, filed and got the Sheriffs office to serve the summons. And what happens? She asks for a jury trial. Once she did that the case gets transfered to another court. One week later at the other court she is a no show but the judge wants to give her another chance. The next week her legal aid lawyer shows up and starts talking the legal mumbo-jumbo about Discovery. The judge then sets the case for 30 days later.

My biggest mistakes were not starting the process sooner and not having a lawyer to begin with. If I had a lawyer, MAYBE, after she did not show up, my attorney could have gotten an ex parte judgment right away. If I had a lawyer, MAYBE, he could have said something when her lawyer started talking the legal mumbo-jumbo about Discovery and gotten it done sooner. Do not accept sob stories, we've all got'em.

Offline donaldshi

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Re: My eviction experience... thus far
« Reply #29 on: October 07, 2007, 02:33:39 pm »
I have something additional want to say :

1.next time when you investing or buying properties, please make sure what is the tenant's name.
get their first name , middle name and last name, go to local court webpage to check their civil and criminal record. if they have eviction record, don't buy the building until the seller agree to get them out of there. the court records are public information.

2. you said the tenant had been evicted for 3 times, that means she is an expert in how to messing with landlord. is there anyway to locate who successfully evicted her before? where did she live before? who are her ex-landlords? try to find out this information may help you get some tip. on the courts web i mentioned above, you can find this information. it is very easy!
I think maybe her ex-landlords hired attorneys to get rid of her, at least you can ask the
lawfirm's name, and which attorney dealt with her, a good attorney can beat her again!

 




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